Amy Sandys on Muck Rack

Amy Sandys

Cologne
As seen in: European Council on Foreign Relations, Wessex Scene, Communicate Magazine, Juve Patent, Transform Magazine
Writer, editing @ECFR. Brit in Köln. Books, politics, foreign policy, running, live music, etc 🌈✨📚🏃‍♀️🍷🇩🇪
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Articles by Amy Sandys

A&O Shearman's first UK patent outing for Bayer in Xarelto appeal

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By Amy Sandys
| Juve Patent
Today, the UK Court of Appeal will hear Bayer’s pleading against a first-instance decision, in which the high court found the pharmaceutical company’s patent for active ingredient rivaroxaban invalid for lack of inventive step. However, all hope is not lost for Bayer, which in late April was awarded an interim injunction against the respondents, pending the outcome of the appeal. Today also marks the first patent case for Bayer’s representatives under the new A&O Shearman brand.
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Taylor Wessing strengthens Irish offering with first patent-specialist partner

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By Amy Sandys
| Juve Patent
The Dublin office of international firm Taylor Wessing has shored up its pharmaceutical expertise through the hire of Eoin Martyn (38), who joins from national firm McCann FitzGerald. Martyn is its first IP- and patent-specialist partner in the Irish capital, with Taylor Wessing only opening in the location in 2021. Now the firm is in a good position to be actively involved in the Unified Patent Court from another location, should it eventually open a local division in Dublin.
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ACD and Molecular Instruments take RNA-sequencing patent battle to the UPC

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By Amy Sandys
| Juve Patent
US companies Advanced Cell Diagnostics (ACD) and Molecular Instruments are bringing their European fight over RNA-sequencing patents to the Unified Patent Court. On 23 April, the UK High Court found two patents belonging to ACD invalid, after the claimant had brought an infringement case against competitor Molecular Instruments (case no. HP-2022-000026). But ACD has now filed a further infringement case in The Hague, at one of the UPC’s local divisions.
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Simmons & Simmons boosts Paris team with electronics specialist partner

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By Amy Sandys
| Juve Patent
Dual-qualified lawyer and patent attorney Abdelaziz Khatab (41) has joined Simmons & Simmons as a partner in Paris, following nine years at French full-service firm, August Debouzy. His addition will strengthen the Simmons dispute resolution team, with his practice focusing largely on patent litigation in the telecommunication, electronics, medical technology and automotive sectors.
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Ballinno mounts VAR challenge against UEFA just weeks before Euros

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By Amy Sandys
| Juve Patent
Dutch company Ballinno has filed a claim for patent infringement against joint defendants the Union of European Football Associations (Uefa) and Kinexon. The latter is a software and hardware company based in Munich (case no: ACT_16267/2024). Ballinno also seeks for the court to enforce a preliminary injunction against the defendants. Tracking offside EP 1 944 067, which is owned by Ballinno, covers a ‘method and system for detecting an offside situation’.
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EBA to consider claim construction questions in heat-not-burn dispute

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By Amy Sandys
| Juve Patent
Proceedings before the EPO Technical Boards of Appeal (BoA) between patent holder Philip Morris and opponent Yunnan Tobacco over a heat-not-burn patent have ended in a request for a referral (case ID: 439/22). The technical board 3.2.01 under chairman Giovanni Pricolo  has confirmed that it seeks clarification regarding whether an examiner can use the content in a patent description to interpret the patent’s claims.
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UK courts revoke Bayer rivaroxaban patent in new win for generics

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By Amy Sandys
| Juve Patent
The UK High Court has dealt Bayer a blow in its wide-ranging battle against generic drug companies in Europe, after finding the pharmaceutical company’s patent for active ingredient rivaroxaban invalid for lack of inventive step. Bayer sells its product under the brand name Xarelto: dosage patent EP 1 845 961 is important for the further protection of the drug throughout Europe, as the basis patent EP 1 261 606 expired in December 2020.
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Thales and Kigen case settles, but paves way for FRAND-first

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By Amy Sandys
| Juve Patent
French electronics giant subsidiary Thales and UK firm Kigen have settled their dispute in the UK, just one week before their scheduled FRAND trial on 12 April 2024 went ahead (HP-2022-000011). The terms of the settlement are confidential. Although the parties will not be facing each other over the issue of licence rates in court, the case has nonetheless set the agenda for how other parties may approach FRAND trials in the UK in the future.
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R2 Semiconductor and Intel take chip battle to UK patent courts

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By Amy Sandys
| Juve Patent
R2 Semiconductor and Intel are currently engaged in a Europe-wide battle over on-chip voltage regulators, which are features of the latter company’s portfolio of mobile phones, laptops and server-processor chips. Today, the UK High Court in London will commence a two-and-a-half-week trial, with Richard Hacon as presiding judge. Talking chips The court has categorised the case as a number five, which is the most complex among UK patent proceedings.
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Biogen defends adalimumab biosimilar Imraldi with international team

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By Amy Sandys
| Juve Patent
The Regional Court Düsseldorf has found in favour of defendant Biogen, after Fresenius Kabi filed a suit for the US biotechnology company’s alleged infringement of EP 3 145 488 B1 (case no. 4a O 70/22) for a ‘liquid pharmaceutical composition’. Fresenius had sought injunctive relief, information, rendering of accounts, recall, destruction and a declaration of liability for damages.
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UPC dismisses Ocado appeal against public access to documents

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By Amy Sandys
| Juve Patent
Following Ocado and Christopher Stothers’ well-publicised debate surrounding access to UPC documents, the Court of Appeal has ruled that members of the public will be able to obtain first-instance judgments for the purpose of genuine interest or educational reasons. It has also clarified that the UPC will allow access to settlements and statements of withdrawal, since public interest can legitimately arise at any point during the course of a case.
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Recordati creates new head IP counsel role with major Zentiva hire

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By Amy Sandys
| Juve Patent
Kristin Cooklin has moved into the newly created role of group head IP counsel at Italy-based pharmaceutical company, Recordati. Her position, which will involve caring for the company’s various IP assets and preparing the company for any potential litigation, comes as Europe’s IP litigation market is busier than ever in the face of increased biosimilar litigation. Until now, Recordati had only one IP manager.
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LOGEX hires legal counsel from Pinsent Masons in Amsterdam

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By Amy Sandys
| Juve Patent
Maud de Haas (28) is now part of the LOGEX team in a legal counsel role, following a two-year stint at the Amsterdam office of Pinsent Masons. LOGEX, which is also situated in the Dutch capital, specialises in transforming healthcare data into insights. She joined the team on 8 April. At Pinsent Masons, de Haas had been in the international firm’s patent team since March 2022.
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Settlement ends Formycon and Johnson & Johnson FYB202 biosimilar dispute

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By Amy Sandys
| Juve Patent
A battle over drug Stelara has come to an end. Following a settlement between the parties in the US in August 2023, the three companies Formycon, Fresenius Kabi and Johnson & Johnson have now also reached a confidential agreement for Europe and Canada. This has ended all pending patent litigation over the FYB202 biosimilar, which was ongoing in the UK and Germany.
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Viatris and Schertenleib invalidate Allergan glaucoma treatment patent

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By Amy Sandys
| Juve Patent
Following pharmaceutical company Allergan making an infringement claim against Viatris, the Paris Judicial Court has invalidated a patent owned by the former which covers an eye-drop treatment for glaucoma (case no. RG 21/02570). The condition leads to fluid building up at the front of the eye, which damages the optic nerve. Allergan sought PI Allergan filed an application for EP 1 754 434 in March 2006, which the European Patent Office granted in 2009. The patent is valid until 2026.
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J A Kemp boosts patent litigation team with experienced solicitor advocate

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By Amy Sandys
| Juve Patent
John Hornby (62) joined the London office of European patent attorney and trademark firm J A Kemp on 1 March as the firm’s seventh patent litigator in the UK. Hornby has a broad practice, with experience in cases involving pharmaceuticals, biotechnology, chemistry, semiconductor design and manufacture, satellite communications and mechanical/electromechanical aspects.
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EPO Patent Index shows UPC effect as companies request unitary protection

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By Amy Sandys
| Juve Patent
According to statistics released this week by the European Patent Office in its annual EPO Patent Index, patent owners requested unitary protection for 17.5% of all European patents granted in 2023. This is equal to over 18,300 filed requests. Of the overall total, patent owners requested unitary protection for 22.3% of patents granted in the second half of 2023. Although the figures are not drastic, they demonstrate a slow and steady start to the UPC’s tenure.
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Radical revisions modernise Swiss patent law on novelty and inventive step

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By Amy Sandys
| Juve Patent
The Council of States in Switzerland comprises the upper house of the Federal Assembly, and the lower house of the National Council. Earlier this week, the legislative body waved through radical changes to how the IPI, based in Bern, will examine novelty and inventive step when granting patents in the future.
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International teams to assemble in Luxembourg for UPC transparency hearing

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By Amy Sandys
| Juve Patent
The UPC’s Court of Appeal in Luxembourg is getting set hear the next stage in the case on transparency brought by London-based Freshfields Bruckhaus Deringer partner, Christopher Stothers. In February, the same court issued an order decreeing that, for a ‘member of the public’ or third party to request access to court documents, they must instruct a qualified representative (case ID: UPC_CoA_404/2023; App_584498/2023).
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"The UPC is well-placed to advocate for gender equality among patent practitioners"

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By Amy Sandys
| Juve Patent
The UPC opening its doors last June heralded a golden opportunity for a legal institution to advocate for gender equality at the pan-European level. Historically, the legal profession in general has had an uphill struggle to reach gender parity under the banner of equality, especially in its fostering of better diversity at a senior or partner level. Here, the imbalance is especially stark in IP law.
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Former Gowling IP head joins Trevisan & Cuonzo in Milan

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By Amy Sandys
| Juve Patent
Renowned senior IP practitioner Gordon Harris is to leave Gowling WLG for an of counsel position at Italian firm, Trevisan & Cuonzo. Harris, who has been at Gowling for 41 years, will be located in the UK with frequent trips to the firm’s Milan office. He joins on 1 April, just three months before the city’s UPC central division seat is open for cases.
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Akebia defends anaemia drug patents at EPO amid huge Fibrogen battle

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By Amy Sandys
| Juve Patent
Biotechnology company Akebia has successfully combatted attempts to invalidate two patents at the European Patent Office. Opponents Fibrogen and Sandoz mounted the challenge, amid a wider litigation battle involving multiple patents for anaemia drugs. EP 3 277 270 and EP 3 357 911 both cover Vafseo, a drug which uses active ingredient vadadustat. This is an HIF-prolyl hydroxylase inhibitor for the treatment of chronic kidney disease (CKD) in adults.
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Allen & Overy strengthens life sciences expertise with Bristows hire

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By Amy Sandys
| Juve Patent
Life sciences patent specialist Gemma Barrett (41) has joined the IP team of Allen & Overy in London. The move comes just before the firm completes its merger with US outfit Shearman & Sterling, which according to a joint statement will be in May 2024. Barrett is Allen & Overy’s sixth patent partner in the UK capital; her addition now means the firm’s global life sciences patent litigation partnership is 50% female.
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French court rules that clinical trials can constitute patent infringement

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By Amy Sandys
| Juve Patent
The Judicial Court of Paris has found in favour of Insulet in a case on the merits regarding EP 1 874 390, ruling that Medtrum’s A6 and A7+ TouchCare devices infringe the valid patent. But, in a move not before seen in the French courts, the judges found that it was Medtrum’s clinical trials for its A7+ TouchCare device which constituted infringement. The company has also based its reimbursement file, meaning the price it could assign to each product, on said clinical trial.
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EPO new battleground in Nevro and Boston Scientific medical device dispute

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By Amy Sandys
| Juve Patent
Nevro, Boston Scientific and Medtronic are all leaders in the medical devices field. Following heated opposition against the granting of the former’s EP 2 207 587, which began in 2019, the EPO Technical Boards of Appeal (3.4.01) has issued a revocation on the grounds of added matter (case ID: T 0291/19). This is one of several Nevro patents which the EPO has revoked, although the company still has two patents awaiting upcoming proceedings.
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Court of Appeal upholds UKIPO rejection of SPC for Parkinson's treatment

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By Amy Sandys
| Juve Patent
Newron Pharmaceuticals has failed in its attempt to overturn two UKIPO and UK High Court decisions regarding the coverage of a marketing authorisation for Parkinson’s treatment drug, Xadago, which uses the active ingredient safinamide (case ID: CA-2023-001357). In aligning their approach with current SPC and CJEU case law, the UK patent courts are demonstrating that despit Brexit they will diverge from the status quo only in compelling situations.
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"The UPC stance on transparency erodes the principle of open justice"

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By Amy Sandys
| Juve Patent
The UPC’s approach to transparency has once again surfaced in discussions over the court’s future conduct. Already beset by issues surrounding access to the CMS, on 8 February a UPC Court of Appeal order clarified that, “a member of the public who is requesting access to the Register pursuant to R.262.1(b) RoP must be represented before the UPC”.
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UPC says public need legal representation to access court files

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By Amy Sandys
| Juve Patent
The UPC Court of Appeal has issued an order decreeing that, for a ‘member of the public’ or third party to request access to court documents, they must instruct a qualified representative (case ID: UPC_CoA_404/2023; App_584498/2023). The decision comes as part of the ongoing debate surrounding accessibility in Ocado vs. Autostore; although the two parties have ended all litigation, the case nevertheless remains a battleground regarding UPC transparency.
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EPO revokes two more DNA-sequencing patents despite Illumina appeal

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By Amy Sandys
| Juve Patent
The Boards of Appeal at the European Patent Office have confirmed the revocation of two DNA-sequencing patents owned by US biotechnology company Illumina, EP 1 451 351 and EP 2 338 893. Both inventions relate to labelled nucleotides, which are the basic building blocks for RNA and DNA. In particular, the patents disclose nucleotides “having a removable label and their use in polynucleotide sequencing methods”.
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Peterreins Schley and WobbleWorks serve PI at world's biggest toy trade fair

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By Amy Sandys
| Juve Patent
The Nuremberg-Fürth Regional Court has handed down an ex-parte preliminary injunction against myFirst Tech Asia, after its competitor WobbleWorks accused the company of infringing the latter’s 3D pens (case ID: 19 O 581/24). The action took place at the world’s biggest toy trade fair, which the Bavarian city hosts every year. Compared to Munich or Düsseldorf, the city of Nuremberg is not a usual forum in which parties bring patent infringement cases.
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Düsseldorf court hands Intel a sales ban in R2 Semiconductor chip dispute

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By Amy Sandys
| Juve Patent
R2 Semiconductor and Intel are currently engaged in a battle over on-chip voltage regulators, which are features of the latter company’s portfolio of mobile phones, laptops and server-processor chips. Yesterday, the Düsseldorf Regional Court handed down a judgment in which it declared that some of the US multinational corporation’s products infringe a patent owned by California-based R2 Semiconductor (case IDs: 4c O 58/22, 4c O 59/22, 4c O 60/22, 4c O 61/22).
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Teva win in Ireland evens playing field with Bristol-Myers Squibb

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By Amy Sandys
| Juve Patent
The Irish High Court has invalidated a Bristol-Myers Squibb patent, EP (IE) 14 27 415, covering the blood-thinning drug apixaban for insufficiency and obviousness. The decision is just one amid an ongoing battle with generic drug company, Teva. EP 415 covers “compounds containing lactam and their derivatives as factor Xa inhibitors”. The patent covers a blockbuster drug and SPC containing the compound anticoagulent apixaban. Medical professionals use the drug to treat and prevent blood clots.
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Nokia wraps up yet more SEP litigation with Vivo settlement

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By Amy Sandys
| Juve Patent
As announced today, the licensing deal signed by Nokia and Chinese smartphone vendor Vivo covers both companies’ 5G SEPs and other cellular technology. The terms of the deal mean Vivo will make royalty payments, as well as payments to cover the dispute period from 2021, to Nokia. It is the third such licensing deal concluded by the Finnish company in 2024, and its sixth major agreement since 2022. While the terms remain confidential, the cross-licensing deal ends all litigation between the parties.
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European Parliament looks set to ban patents for all NGT plants

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By Amy Sandys
| Juve Patent
The European Parliament’s Committee on Environment, Public Health and Food Safety has adopted an amended version of a European Commission’s proposal, to ban the imposing of patents and limit the effects of existing patents, on all NGT plants. It voted 47 to 31 in favour with four abstentions. Members of the European Parliament (MEPs) comprise the committee, which also supports adopting a looser approach to categorising NGT plants.
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EPO reduces fees for micro-entities to boost access to European patent system

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By Amy Sandys
| Juve Patent
The EPO’s Administrative Council has announced a 30% reduction in the filing and examination fees paid by micro-entities, including microenterprises, natural persons, non-profit organisations, universities and public research organisations. Effective from 1 April 2024, the office hopes to encourage a higher number of entities from this sub-set to engage with European patent legislation and file patents, across a number of industries, more frequently.
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Richard Meade: "Better opportunities for the Bar's junior advocates will foster diversity"

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By Amy Sandys
| Juve Patent
JUVE Patent: How will the cost cap in conjunction with the Shorter Trials Scheme aid efficiency at the UK High Court? Richard Meade: The cost cap trial came from user demand. We have a regular meeting of the IP Court Users Committee and it was raised there because of reports from members of the committee, who represent the professions and the industry, that they would like the option to have greater certainty about their costs exposure.
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Samsung Bioepis and Simmons repel Janssen infringement claims over SPC waiver

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By Amy Sandys
| Juve Patent
The District Court in The Hague has handed down a decision pertaining to the application of the SPC waiver in a case between Janssen Biotech and Samsung Bioepis. Claimant Janssen had argued that the defendant must produce a relevant marketing authorisation before it could begin distributing its Sterala biosimilar upon the patent’s expiry. However, the court dismissed the argument on all counts, finding that Samsung Bioepis could continue distribution of the biosimilar to third countries.
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Lenovo subsidiary Motorola and Sharp sign patent cross-licence agreement

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By Amy Sandys
| Juve Patent
Motorola, a subsidiary of US-based electronics company Lenovo, and Japanese electronics company Sharp have reached a cross-licence patent agreement. The two companies announced the development today, which comes off the back of another major deal struck between Nokia and Oppo on Wednesday. However, there was no pending litigation between Lenovo/Motorola and Sharp. FRAND the main driver According to a press release issued by Lenovo, conclusion of negotiations over FRAND drove the agreement.
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Ireland has UPC in sights as country confirms referendum date

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By Amy Sandys
| Juve Patent
Ireland’s government has confirmed that a referendum on the country’s participation in the UPC will take place in June 2024, alongside the local and European elections. According to a post on LinkedIn, Neale Richmond, member of Fine Gael and minister of state with responsibility for business, employment and retail, announced the development on Monday in the Seanad, or senate, of Ireland.
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Hofstetter Schurack welcomes back biotech partner in Munich

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By Amy Sandys
| Juve Patent
At the beginning of 2024, Vera Kühr rejoined Hofstetter Schurack & Partner after just under two years at patent attorney firm, Forresters. She specialises in biotechnology, and also has specific interests in molecular biology, plant molecular biology, microbiology and biochemistry. The firm is looking to build up its life sciences team and strengthen its involvement in the UPC.
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Ones to Watch UK 2024: Andrew Wells

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By Amy Sandys
| Juve Patent
Every year, JUVE Patent carries out extensive research in the UK patent market, culminating in the publication of the UK patent ranking. Our latest research highlighted Andrew Wells, partner at Herbert Smith Freehills, as one of five ‘Ones to Watch’ in the UK patent market for 2024. The individual Ones to Watch 2024 articles are published alphabetically by surname. In the mid-2010s, Andrew Wells suffered a prolonged period of clinical depression and anxiety.
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UK invalidates two patents apiece for Abbott and Dexcom in vast CGM battle

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By Amy Sandys
| Juve Patent
Medical device companies Dexcom and Abbott are currently going head-to-head over multiple patents covering their respective glucose monitoring devices, known as continuous glucose monitoring or CGMs. The dispute spans several countries, among them the UK, Spain, and Germany, as well as parallel proceedings at the UPC and the EPO. According to estimates by the International Diabetes Federation, almost 540 million people globally live with diabetes.
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Ones to Watch UK 2024: Caitlin Heard

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By Amy Sandys
| Juve Patent
Every year, JUVE Patent carries out extensive research in the UK patent market, culminating in the publication of the UK patent ranking. Our latest research highlighted Caitlin Heard, partner at CMS Cameron McKenna, as one of five ‘Ones to Watch’ in the UK patent market for 2024. The individual Ones to Watch 2024 articles are published alphabetically by surname.
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Ones to Watch UK 2024: Edward Cronan

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By Amy Sandys
| Juve Patent
Every year, JUVE Patent carries out extensive research in the UK patent market, culminating in the publication of the UK patent ranking. Our latest research highlighted Edward Cronan, junior barrister at 11 South Square, as one of five ‘Ones to Watch’ in the UK patent market for 2024. The individual Ones to Watch 2024 articles are published alphabetically by surname.
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Nokia and Honor start new year with 5G patent licence agreement

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By Amy Sandys
| Juve Patent
Nokia and Honor are the latest telecommunication companies to sign a joint agreement which covers their 5G technological inventions, as well as other areas. According to the Nokia website, its patent portfolio is comprised of around 20,000 patent families, including over 6,000 patent families declared essential to 5G. Honor states that it has filed over 20,000 patent applications. However, the terms of the agreement remain confidential between the two parties.
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Video: JUVE Patent's UK ranking 2024

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By Amy Sandys
| Juve Patent
In JUVE Patent’s UK ranking 2024, co-editor Mathieu Klos and journalist Amy Sandys present the latest developments in the UK patent market. In a year full of changes in Europe, it would be easy to overlook what’s happening in London. But numerous FRAND and mobile communication disputes continue to shape the city’s patent courts. In early 2023, the High Court published its long-awaited judgment between InterDigital and Lenovo.
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Top patent partner and judge moves 2023

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By Amy Sandys
| Juve Patent
With 2023 the year in which the UPC finally roared into life, it is no surprise that the European patent market has seen multiple patent partner and judicial changes in its major jurisdictions. Patent lawyers and patent attorneys alike became more secure in making major decisions which could impact their future career trajectory. On the other hand, firms demonstrated their willingness to secure cross-border expertise and demonstrate to clients their readiness for what the UPC might bring.
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Top 10 most-read articles of the year 2023

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By Amy Sandys
| Juve Patent
Year in review 2023 Top 10 most-read articles of the year 2023 Pharmaceutical patent cases and medical devices lead the JUVE Patent most-read top ten this year, with readers taking a specific interest in topics such as DNA sequencing technology, heart valves and insulin pumps - all of which have tangible real-world applications.
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UK Supreme Court has final say on Dabus as named inventor

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By Amy Sandys
| Juve Patent
In one of the UK’s final patent judgments of 2023, the Supreme Court has confirmed that, under the Patents Act 1977, a patent application may not name an AI invention as an inventor (case ID: 2021/0201). In doing so, the judges adhere to the views of the lower courts, as well as the UK Intellectual Property Office (UK IPO), that an invention is only patentable if it names a ‘natural person’.
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Top 10 patent cases of the year 2023

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By Amy Sandys
| Juve Patent
JUVE Patent’s top 10 patent cases in Europe 2023: Agfa against Gucci showcases potential of UPC AIM Sport and Supponor leads to first UPC judgment, via Europe-wide tactics Amgen revives patent cases against Sanofi and Regeneron in Europe and at the UPC Apixaban dispute sets precedent for plausibility in the Netherlands Formycon and Janssen Biotech put EU SPC waiver to the test in Munich G1/22 and G2/22: Enlarged Board of Appeal simplifies transfer of priority rights High-profile COVID-19...
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